BILL NUMBER: AB 631	CHAPTERED  10/10/99

	CHAPTER   828
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 6, 1999
	AMENDED IN ASSEMBLY   JUNE 2, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   MAY 18, 1999
	AMENDED IN ASSEMBLY   MAY 10, 1999

INTRODUCED BY   Assembly Member Migden
   (Principal coauthor:  Senator Hughes)

                        FEBRUARY 19, 1999

   An act to amend Section 47605 of, and to add Section 47611.5 to,
to add an article heading (commencing with Section 47620) to Chapter
5 of, and to add Article 2 (commencing with Section 47626) to Chapter
5 of, Part 26.8 of, the Education Code, and to amend Section 3540.1
of the Government Code, relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 631, Migden.  Charter schools:  collective bargaining.
   Existing law, the Charter Schools Act of 1992, permits teachers,
parents, pupils, and community members to petition a school district
governing board to approve a charter school to operate independently
from the existing school district structure as a method of
accomplishing, among other things, improved pupil learning.  Existing
law, with certain exceptions, generally exempts charter schools from
the provisions of the Education Code applicable to school districts.

   This bill would require that provisions of existing law related to
collective bargaining in public education employment apply to
charter schools, thereby imposing a state-mandated local program.
The bill would require the charter school charter to declare whether
the charter school is the exclusive public school employer of the
employees at the charter school for this purpose.  The bill would
require a charter school, operated by the University of California in
university facilities, to declare in its charter that it is the
employer of the employees at the charter school for the purposes of
provisions of law relating to collective bargaining for employees of
public institutions of higher education.  This bill would require
that, if the charter of a charter school does not specify that it
would comply with statutory and regulatory provisions that govern
public school employers relating to tenure and merit or civil
service, then discipline and dismissal of employees would be included
within the scope of representation.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would incorporate additional changes in Section 3540.1
of the Government Code proposed by AB 91, to be operative only if
that bill and this bill are enacted and become effective on or before
January 1, 2000, and this bill is enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 47605 of the Education Code is amended to read:

   47605.  (a) (1) Except as set forth in paragraph (2), a petition
for the establishment of a charter school within any school district
may be circulated by any one or more persons seeking to establish the
charter school.  The petition may be submitted to the governing
board of the school district for review after either of the following
conditions are met:
   (A) The petition has been signed by a number of parents or
guardians of pupils that is equivalent to at least one-half of the
number of pupils that the charter school estimates will enroll in the
school for its first year of operation.
   (B) The petition has been signed by a number of teachers that is
equivalent to at least one-half of the number of teachers that the
charter school estimates will be employed at the school during its
first year of operation.
   (2) In the case of a petition for the establishment of a charter
school through the conversion of an existing public school, that
would not be eligible for a loan pursuant to subdivision (b) of
Section 41365, the petition may be circulated by any one or more
persons seeking to establish the converted charter school.  The
petition may be submitted to the governing board of the school
district for review after the petition has been signed by not less
than 50 percent of the permanent status teachers currently employed
at the public school to be converted.
   (3) A petition shall include a prominent statement that a
signature on the petition means that the parent or guardian is
meaningfully interested in having his or her child, or ward, attend
the charter school, or in the case of a teacher's signature, means
that the teacher is meaningfully interested in teaching at the
charter school.  The proposed charter shall be attached to the
petition.
   (b) No later than 30 days after receiving a petition, in
accordance with subdivision (a), the governing board of the school
district shall hold a public hearing on the provisions of the
charter, at which time the governing board of the school district
shall consider the level of support for the petition by teachers
employed by the district, other employees of the district, and
parents.  Following review of the petition and the public hearing,
the governing board of the school district shall either grant or deny
the charter within 60 days of receipt of the petition, provided,
however, that the date may be extended by an additional 30 days if
both parties agree to the extension.  In reviewing petitions for the
establishment of charter schools pursuant to this section, the
chartering authority shall be guided by the intent of the Legislature
that charter schools are and should become an integral part of the
California educational system and that establishment of charter
schools should be encouraged.  A school district governing board
shall grant a charter for the operation of a school under this part
if it is satisfied that granting the charter is consistent with sound
educational practice.  The governing board of the school district
shall not deny a petition for the establishment of a charter school
unless it makes written factual findings, specific to the particular
petition, setting forth specific facts to support one, or more, of
the following findings:
   (1) The charter school presents an unsound educational program for
the pupils to be enrolled in the charter school.
   (2) The petitioners are demonstrably unlikely to successfully
implement the program set forth in the petition.
   (3) The petition does not contain the number of signatures
required by subdivision (a).
   (4) The petition does not contain an affirmation of each of the
conditions described in subdivision (d).
   (5) The petition does not contain reasonably comprehensive
descriptions of all of the following:
   (A) A description of the educational program of the school,
designed, among other things, to identify those whom the school is
attempting to educate, what it means to be an "educated person" in
the 21st century, and how learning best occurs.  The goals identified
in that program shall include the objective of enabling pupils to
become self-motivated, competent, and lifelong learners.
   (B) The measurable pupil outcomes identified for use by the
charter school.  "Pupil outcomes," for purposes of this part, means
the extent to which all pupils of the school demonstrate that they
have attained the skills, knowledge, and attitudes specified as goals
in the school's educational program.
   (C) The method by which pupil progress in meeting those pupil
outcomes is to be measured.
   (D) The governance structure of the school, including, but not
limited to, the process to be followed by the school to ensure
parental involvement.
   (E) The qualifications to be met by individuals to be employed by
the school.
   (F) The procedures that the school will follow to ensure the
health and safety of pupils and staff.  These procedures shall
include the requirement that each employee of the school furnish the
school with a criminal record summary as described in Section 44237.

   (G) The means by which the school will achieve a racial and ethnic
balance among its pupils that is reflective of the general
population residing within the territorial jurisdiction of the school
district to which the charter petition is submitted.
   (H) Admission requirements, if applicable.
   (I) The manner in which annual, independent, financial audits
shall be conducted, which shall employ generally accepted accounting
principles, and the manner in which audit exceptions and deficiencies
shall be resolved to the satisfaction of the chartering authority.
   (J) The procedures by which pupils can be suspended or expelled.
   (K) The manner by which staff members of the charter schools will
be covered by the State Teachers' Retirement System, the Public
Employees' Retirement System, or federal social security.
   (L) The public school attendance alternatives for pupils residing
within the school district who choose not to attend charter schools.

   (M) A description of the rights of any employee of the school
district upon leaving the employment of the school district to work
in a charter school, and of any rights of return to the school
district after employment at a charter school.
   (N) The procedures to be followed by the charter school and the
entity granting the charter to resolve disputes relating to
provisions of the charter.
   (O) A declaration whether or not the charter school shall be
deemed the exclusive public school employer of the employees of the
charter school for the purposes of the Educational Employment
Relations Act (Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 4 of Title 1 of the Government Code.
   (c) (1) Charter schools shall meet all statewide standards and
conduct the pupil assessments required pursuant to Section 60605 and
any other statewide standards authorized in statute or pupil
assessments applicable to pupils in noncharter public schools.
   (2) Charter schools shall on a regular basis consult with their
parents and teachers regarding the school's educational programs.
   (d) (1) In addition to any other requirement imposed under this
part, a charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations,
shall not charge tuition, and shall not discriminate against any
pupil on the basis of ethnicity, national origin, gender, or
disability.  Except as provided in paragraph (2), admission to a
charter school shall not be determined according to the place of
residence of the pupil, or of his or her parent or guardian, within
this state, except that any existing public school converting
partially or entirely to a charter school under this part shall adopt
and maintain a policy giving admission preference to pupils who
reside within the former attendance area of that public school.
   (2) (A) A charter school shall admit all pupils who wish to attend
the school.
   (B) However, if the number of pupils who wish to attend the
charter school exceeds the school's capacity, attendance, except for
existing pupils of the charter school, shall be determined by a
public random drawing.  Preference shall be extended to pupils
currently attending the charter school and pupils who reside in the
district.  Other preferences may be permitted by the chartering
authority on an individual school basis and only if consistent with
the law.
   (C) In the event of a drawing, the chartering authority shall make
reasonable efforts to accommodate the growth of the charter school
and, in no event, shall take any action to impede the charter school
from expanding enrollment to meet pupil demand.
   (e) No governing board of a school district shall require any
employee of the school district to be employed in a charter school.
   (f) No governing board of a school district shall require any
pupil enrolled in the school district to attend a charter school.
   (g) The governing board of a school district shall require that
the petitioner or petitioners provide information regarding the
proposed operation and potential effects of the school, including,
but not limited to, the facilities to be utilized by the school, the
manner in which administrative services of the school are to be
provided, and potential civil liability effects, if any, upon the
school and upon the school district.  The petitioner or petitioners
shall also be required to provide financial statements that include a
proposed first-year operational budget, including startup costs, and
cash-flow and financial projections for the first three years of
operation.
   (h) In reviewing petitions for the establishment of charter
schools within the school district, the school district governing
board shall give preference to petitions that demonstrate the
capability to provide comprehensive learning experiences to pupils
identified by the petitioner or petitioners as academically low
achieving pursuant to the standards established by the State
Department of Education under Section 54032.
   (i) Upon the approval of the petition by the governing board of
the school district, the petitioner or petitioners shall provide
written notice of that approval, including a copy of the petition, to
the State Board of Education.
   (j) (1) If the governing board of a school district denies a
petition, the petitioner may elect to submit the petition for the
establishment of a charter school to either the county board of
education or directly to the State Board of Education.  The county
board of education or the State Board of Education, as the case may
be, shall review the petition pursuant to subdivision (b).  If the
petitioner elects to submit a petition for establishment of a charter
school to the county board of education and the county board of
education denies the petition, the petitioner may file a petition for
establishment of a charter school with the State Board of Education.

   (2) A charter school for which a charter is granted by either the
county board of education or the State Board of Education pursuant to
this subdivision shall qualify fully as a charter school for all
funding and other purposes of this part.
   (3) If either the county board of education or the State Board of
Education fails to act on a petition within 120 days of receipt, the
decision of the governing board of the school district to deny a
petition shall, thereafter, be subject to judicial review.
   (4) The State Board of Education shall adopt regulations
implementing this subdivision.
   (5) Upon the approval of the petition by the county board of
education, the petitioner or petitioners shall provide written notice
of that approval, including a copy of the petition to the State
Board of Education.
   (k) (1) The State Board of Education may, by mutual agreement,
designate its supervisorial and oversight responsibilities for a
charter school approved by the State Board of Education to any local
education agency in the county in which the charter school is located
or to the governing board of the school district that first denied
the petition.
   (2) The designated local education agency shall have all
monitoring and supervising authority of a chartering agency,
including, but not limited to, powers and duties set forth in Section
47607, except the power of revocation, which shall remain with the
State Board of Education.
   (3) A charter school that has been granted its charter by the
State Board of Education and elects to seek renewal of its charter
shall, prior to expiration of the charter, submit its petition for
renewal to the governing board of the school district that initially
denied the charter.  If the governing board of the school district
denies the school's petition for renewal, the school may petition the
State Board of Education for renewal of its charter.
   (l) Teachers in charter schools shall be required to hold a
Commission on Teacher Credentialing certificate, permit, or other
document equivalent to that which a teacher in other public schools
would be required to hold.  These documents shall be maintained on
file at the charter school and shall be subject to periodic
inspection by the chartering authority.  It is the intent of the
Legislature that charter schools be given flexibility with regard to
noncore, noncollege preparatory courses.
  SEC. 2.  Section 47611.5 is added to the Education Code, to read:
   47611.5.  (a) Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code shall apply to charter
schools.
   (b) A charter school charter shall contain a declaration regarding
whether or not the charter school shall be deemed the exclusive
public school employer of the employees at the charter school for the
purposes of Section 3540.1 of the Government Code.  If the charter
school is not so deemed a public school employer, the school district
where the charter is located shall be deemed the public school
employer for the purposes of Chapter 10.7 (commencing with Section
3540) of Division 4 of the Government Code.
   (c) If the charter of a charter school does not specify that it
shall comply with those statutes and regulations governing public
school employers that establish and regulate tenure or a merit or
civil service system, the scope of representation for that charter
school shall also include discipline and dismissal of charter school
employees.
   (d) The Public Employment Relations Board shall take into account
the Charter Schools Act of 1992 (Part 26.8 (commencing with Section
47600)) when deciding cases brought before it related to charter
schools.
   (e) The approval or a denial of a charter petition by a granting
agency pursuant subdivision (b) of Section 47605 shall not be
controlled by collective bargaining agreements nor subject to review
or regulation by the Public Employment Relations Board.
   (f) By March 31, 2000, all existing charter schools must declare
whether or not they shall be deemed a public school employer in
accordance with subdivision (b), and such declaration shall not be
materially inconsistent with the charter.
  SEC. 3.  An article heading is added to Chapter 5 (commencing with
Section 47620) of Part 26.8, to read:

      Article 1.  University of California at Los Angeles Elementary
Charter School

  SEC. 4.  Article 2 (commencing with Section 47626) is added to
Chapter 5 of Part 26.8 of the Education Code, to read:

      Article 2.  Employer

   47626.  (a) Notwithstanding Section 47611.5, a charter school
operated by the University of California in facilities owned by the
Regents of the University of California shall declare in its charter
that it is the employer of the employees at the charter school for
the purposes of Chapter 12 (commencing with Section 3560) of Division
4 of Title 1 of the Government Code.  The provisions of Chapter 12
(commencing with Section 3560) of Division 4 of Title 1 of the
Government Code shall apply to the charter school.  A charter school
operated by the University of California in facilities owned by the
Regents of the University of California may not be deemed a public
school employer for the purposes of this chapter.
   (b) By March 31, 2000, an existing charter school operated by the
University of California shall amend its charter to comply with this
section.
  SEC. 5.  Section 3540.1 of the Government Code is amended to read:

   3540.1.  As used in this chapter:
   (a) "Board" means the Public Employment Relations Board created
pursuant to Section 3541.
   (b) "Certified organization" or "certified employee organization"
means an organization which has been certified by the board as the
exclusive representative of the public school employees in an
appropriate unit after a proceeding under Article 5 (commencing with
Section 3544).
   (c) "Confidential employee" means any employee who, in the regular
course of his or her duties, has access to, or possesses information
relating to, his or her employer's employer-employee relations.
   (d) "Employee organization" means any organization which includes
employees of a public school employer and which has as one of its
primary purposes representing those employees in their relations with
that public school employer.  "Employee organization" shall also
include any person such an organization authorizes to act on its
behalf.
   (e) "Exclusive representative" means the employee organization
recognized or certified as the exclusive negotiating representative
of certificated or classified employees in an appropriate unit of a
public school employer.
   (f) "Impasse" means that the parties to a dispute over matters
within the scope of representation have reached a point in meeting
and negotiating at which their differences in positions are so
substantial or prolonged that future meetings would be futile.
   (g) "Management employee" means any employee in a position having
significant responsibilities for formulating district policies or
administering district programs.  Management positions shall be
designated by the public school employer subject to review by the
Public Employment Relations Board.
   (h) "Meeting and negotiating" means meeting, conferring,
negotiating, and discussing by the exclusive representative and the
public school employer in a good faith effort to reach agreement on
matters within the scope of representation and the execution, if
requested by either party, of a written document incorporating any
agreements reached, which document shall, when accepted by the
exclusive representative and the public school employer, become
binding upon both parties and, notwithstanding Section 3543.7, shall
not be subject to subdivision 2 of Section 1667 of the Civil Code.
The agreement may be for a period of not to exceed three years.
   (i) "Organizational security" means either of the following:
   (1) An arrangement pursuant to which a public school employee may
decide whether or not to join an employee organization, but which
requires him or her, as a condition of continued employment, if he or
she does join, to maintain his or her membership in good standing
for the duration of the written agreement.  However, no such
arrangement shall deprive the employee of the right to terminate his
or her obligation to the employee organization within a period of 30
days following the expiration of a written agreement.
   (2) An arrangement that requires an employee, as a condition of
continued employment, either to join the recognized or certified
employee organization, or to pay the organization a service fee in an
amount not to exceed the standard initiation fee, periodic dues, and
general assessments of the organization for the duration of the
agreement, or a period of three years from the effective date of the
agreement, whichever comes first.
   (j) "Public school employee" or "employee" means any person
employed by any public school employer except persons elected by
popular vote, persons appointed by the Governor of this state,
management employees, and confidential employees.
   (k) "Public school employer" or "employer" means the governing
board of a school district, a school district, a county board of
education, a county superintendent of schools, or a charter school
that has declared itself a public school employer pursuant to
subdivision (b) of Section 47611.5 of the Education Code.
   (l) "Recognized organization" or "recognized employee organization"
means an employee organization which has been recognized by an
employer as the exclusive representative pursuant to Article 5
(commencing with Section 3544).
   (m) "Supervisory employee" means any employee, regardless of job
description, having authority in the interest of the employer to
hire, transfer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline other employees, or the responsibility to
assign work to and direct them, or to adjust their grievances, or
effectively recommend such action, if, in connection with the
foregoing functions, the exercise of that authority is not of a
merely routine or clerical nature, but requires the use of
independent judgment.
  SEC. 5.5.  Section 3540.1 of the Government Code is amended to
read:
   3540.1.  As used in this chapter:
   (a) "Board" means the Public Employment Relations Board created
pursuant to Section 3541.
   (b) "Certified organization" or "certified employee organization"
means an organization that has been certified by the board as the
exclusive representative of the public school employees in an
appropriate unit after a proceeding under Article 5 (commencing with
Section 3544).
   (c) "Confidential employee" means any employee who, in the regular
course of his or her duties, has access to, or possesses information
relating to, his or her employer's employer-employee relations.
   (d) "Employee organization" means any organization that includes
employees of a public school employer and that has as one of its
primary purposes representing those employees in their relations with
that public school employer.  "Employee organization" shall also
include any person that organization authorizes to act on its behalf.

   (e) "Exclusive representative" means the employee organization
recognized or certified as the exclusive negotiating representative
of certificated or classified employees in an appropriate unit of a
public school employer.
   (f) "Impasse" means that the parties to a dispute over matters
within the scope of representation have reached a point in meeting
and negotiating at which their differences in positions are so
substantial or prolonged that future meetings would be futile.
   (g) "Management employee" means any employee in a position having
significant responsibilities for formulating district policies or
administering district programs.  Management positions shall be
designated by the public school employer subject to review by the
Public Employment Relations Board.
   (h) "Meeting and negotiating" means meeting, conferring,
negotiating, and discussing by the exclusive representative and the
public school employer in a good faith effort to reach agreement on
matters within the scope of representation and the execution, if
requested by either party, of a written document incorporating any
agreements reached, which document shall, when accepted by the
exclusive representative and the public school employer, become
binding upon both parties and, notwithstanding Section 3543.7, shall
not be subject to subdivision 2 of Section 1667 of the Civil Code.
The agreement may be for a period of not to exceed three years.
   (i) "Organizational security" means either of the following:
   (1) An arrangement pursuant to which a public school employee may
decide whether or not to join an employee organization, but which
requires him or her, as a condition of continued employment, if he or
she does join, to maintain his or her membership in good standing
for the duration of the written agreement.  However, that arrangement
shall not deprive the employee of the right to terminate his or her
obligation to the employee organization within a period of 30 days
following the expiration of a written agreement.
   (2) An arrangement that requires an employee, as a condition of
continued employment, either to join the recognized or certified
employee organization, or to pay the organization a service fee in an
amount not to exceed the standard initiation fee, periodic dues, and
general assessments of the organization for the duration of the
agreement, or a period of three years from the effective date of the
agreement, whichever comes first.
   (j) "Public school employee" or "employee" means any person
employed by any public school employer except persons elected by
popular vote, persons appointed by the Governor of this state,
management employees, and confidential employees.
   (k) "Public school employer" or "employer" means the governing
board of a school district, a school district, a county board of
education, or a county superintendent of schools, a charter school
that has declared itself a public school employer pursuant to
subdivision (b) of Section 47611.5 of the Education Code, or a joint
powers agency, except a joint powers agency established to provide
services pursuant to Sections 990.4 and 990.8, provided that all of
the following apply to the joint powers agency:
   (1) It is created as an agency or entity that is separate from the
parties to the joint powers agreement pursuant to Section 6503.5.
   (2) It has its own employees separate from employees of the
parties to the joint powers agreement.
   (3) Any of the following are true:
   (A) It provides services primarily performed by a school district,
county board of education, or county superintendent of schools.
   (B) A school district, county board of education, or county
superintendent of schools is designated in the joint powers agreement
pursuant to Section 6509.
   (C) It is comprised solely of school agencies.
   (l) "Recognized organization" or "recognized employee organization"
means an employee organization that has been recognized by an
employer as the exclusive representative pursuant to Article 5
(commencing with Section 3544).
   (m) "Supervisory employee" means any employee, regardless of job
description, having authority in the interest of the employer to
hire, transfer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline other employees, or the responsibility to
assign work to and direct them, or to adjust their grievances, or
effectively recommend that action, if, in connection with the
                                         foregoing functions, the
exercise of that authority is not of a merely routine or clerical
nature, but requires the use of independent judgment.
  SEC. 6.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 7.  Section 5.5 of this bill incorporates amendments to
Section 3540.1 of the Government Code proposed by both this bill and
AB 91.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 3540.1 of the Government Code, and (3) this bill is
enacted after AB 91, in which case Section 5 of this bill shall not
become operative.
